What is the Development Schedule for Bhc, and where can it be found in the agreement?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that a material provision of the Multi-Unit Master Franchise Agreement is that the following number of Master Franchised BHC Restaurants must be opened and continuously operating in the Development Area in accordance with the following Development Schedule:
Master Franchisee undertakes to and guarantees to secure, establish and operate, through its Subfranchisees under Subfranchise Agreements, not less than the cumulative number of BHC Restaurants (including Franchised BHC Restaurants) in the Development Area by each of the dates specified in the "Initial Development Schedule" (attached hereto as Exhibit 1).The required BHC Restaurant quotas listed in the Initial Development Schedule are each an "Initial Development Quota" and are collectively referred to as the "Initial Development Quotas." As further described in section 3.1, Master Franchisee must establish and operate at least one (1) Franchised BHC Restaurant within the Development Area pursuant to separate Subfranchise Agreements before Master Franchisee may grant subfranchises to third parties for the establishment and operation of Subfranchised BHC Restaurants within the Development Area. If Master Franchisee fails to meet any of the Initial Development Quotas by the date specified in the
Initial Development Schedule, Franchisor shall have the right to collect from Master Franchisee an amount up to the then-current MF Development Fee Master Franchisee is required to pay Franchisor pursuant to section 4.1(b) for each BHC Restaurant short of the applicable Initial Development Quota. Master Franchisee shall pay to Franchisor any such amount within seven (7) days of receipt of Franchisor's request for payment.
Subject to the terms and conditions of this Agreement, Franchisor hereby grants to Master Franchisee:
- (a) the exclusive, non-transferable right and license to, (a) establish and operate at least one (1) Franchised BHC Restaurant through Master Franchisee's Affiliate, and (b) after opening at least one (1) Affiliate Franchised BHC Restaurant, to grant subfranchises to Subfranchisees to establish and operate Subfranchised BHC Restaurants in accordance by entering Subfranchise Agreements to establish and operate BHC Restaurants using the BHC System and IP Rights, and in accordance with the Operating Manuals ("Development Rights") with the schedule of openings attached hereto as Exhibit 1 (the "Development Schedule") and within the geographical area (the "Development Area") indicated in the Development Schedule.
- (b) So long as Master Franchisee's obligations under the Development Schedule are being met on a timely basis and until this Agreement terminates, Franchisor will not itself operate a BHC Restaurant within the Development Area, nor allow any of its affiliates or other BHC franchisees to do so. Captive locations will be excluded from Master Franchisee's Development Area and Franchisor has the right to develop or franchise the following Captive location locations: (1) military bases; (2) public transportation facilities; (3) sports facilities, including race tracks; (4) student unions or other similar buildings on college or university campuses; (5) amusement and theme parks; (6) malls; (7) special events; (8) hospitals; (9) hotel, resort, or other lodging facility; (10) state or national parks; (11) exhibition hall; conference facility or convention center; (12) casino or gambling establishment; (13) esports events and venues; (14) street fairs; (15) delivery facilities (e.g.,, ghost kitchens) or (16) any similar area to the sites referenced herein n (collectively, "Captive locations"). Franchisor may not alter the Development
For purposes of determining compliance with the above Development Schedule, only the Master Franchised BHC Restaurants actually open and continuously operating for business as of a given date will be counted toward the number of Master Franchised BHC Restaurants required to be open and continuously operating for business.
Franchisor may defer a scheduled opening date in the table above if Franchisor determines, in its sole discretion, that Master Franchisee (or its Affiliated Entity) made a diligent effort to open a Master Franchised BHC Restaurant according to the schedule but was unable to do so for reasons beyond Master Franchisee's (or its Affiliated Entity's) reasonable control.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the Multi-Unit Master Franchise Agreement requires a specific number of Master Franchised Bhc Restaurants to be opened and continuously operating in the Development Area, following a set Development Schedule. This schedule is a material provision of the agreement. The specific schedule of openings is attached as Exhibit 1 to the agreement and is referenced as the "Development Schedule".
The Master Franchisee is obligated to establish and operate a minimum cumulative number of Bhc Restaurants, including both franchised and subfranchised locations, within the Development Area by the dates specified in the Initial Development Schedule, which is attached as Exhibit 1. These required quotas are referred to as "Initial Development Quotas." Before granting subfranchises to third parties, the Master Franchisee must first establish and operate at least one franchised Bhc Restaurant under a separate Subfranchise Agreement.
If the Master Franchisee fails to meet any of the Initial Development Quotas by the specified date, Bhc has the right to collect a fee up to the then-current MF Development Fee for each restaurant short of the quota. This payment must be made within seven days of receiving Bhc's request. However, Bhc may defer a scheduled opening date if it determines that the Master Franchisee made a diligent effort to open a restaurant but was unable to do so due to reasons beyond their reasonable control.
Meeting the obligations under the Development Schedule is critical, as Bhc will not operate or allow other franchisees to operate within the Development Area as long as the Master Franchisee is on track with the schedule. However, certain locations like military bases, transportation facilities, sports facilities, college campuses, amusement parks, malls, and other similar venues are excluded from the Development Area and are considered "Captive locations," which Bhc reserves the right to develop or franchise.